JUDGMENT

AHMADI, J.:—Special leave granted.

2. The brief facts leading to this appeal are that the appellants daughter Geetha married respondent No. 1 (original accused No. 1) sometime in October 1976 according to Hindu rites and thereafter left for Ireland. A daughter was born to the couple on July 27, 1978 in Ireland. She was named Nivedita. In April 1979, the couple along with the child moved to the United States of America; the child travelling on an Irish passport. In October, 1979 Geetha wrote to her mother, the appellant, expressing her desire that Nivedita should be brought up under her care in India. On the appellant expressing her willingness to look after the child, Nivedita was sent to India via Bombay where the appellant received her. The child then remained in the custody of the appellant. In March, 1980 Geetha returned to India presumably because her husband had developed intimacy with an American girl and had started to ill-treat her. Within a week after her arrival in India she committed suicide by setting herself on fire. Nivedita continued to remain in the care and custody of the appellant. The first respondent married the American girl, with whom he had developed